| Nolan v Irwin Contracting, Inc. |
| Motion No: 2012-02049 |
| Slip Opinion No: 2014 NY Slip Op 70560(U) |
| Decided on April 29, 2014 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M173252
E/sl
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2012-02049 Andrew Nolan, appellant, v Irwin Contract Inc., respondent. (Index No. 27744/09)
| DECISION & ORDER ON MOTION ing, |
Motion by the appellant to strike Point II of the respondent's brief on an appeal from a judgment of the Supreme Court, Suffolk County, entered January 17, 2012, and to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike Point II of the respondent's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until May 13, 2014, and the reply brief must be served and filed on or before that date.
MASTRO, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court